Commercial Motor Vehicle Safety Measures: A Safer Future?
According to the Federal Motor Carrier Safety Administration (“FMCSA”), rear-end crashes account for 30% of all reported crashes. This statistic is significant for operators of heavy vehicles, as, each year, there are 60,000 rear-end crashes where the heavy vehicle is the striking vehicle. Research conducted by the FMSCA from 2010 through 2016 revealed that in fatal, two-vehicle crashes, large trucks are three times more likely to be struck in the rear than other vehicles. To decrease the frequency of these collisions, the National Highway Traffic Safety Administration (“NHTSA”), the FMCSA, and various motor carriers have put forward new proposals, rules, and technologies that would help reduce the severity and frequency of collisions involving heavy vehicles.
In June of 2023, the NHTSA and the FMCSA announced a joint proposed rule which would require heavy trucks to implement automatic braking systems. This proposed rule would target vehicles weighing in excess of 10,000 pounds to have an electronic stability control system that would then work in unison with the AEB system. An AEB system applies the brakes if the driver has not done so, and can even supplement braking force if necessary. This system would be effective at speeds ranging from six miles per hour to fifty miles per hour.
While this system would be a significant advancement in commercial motor vehicle safety, it does have limitations. Certain scenarios can decrease the effectiveness of the system, such as when a driver changes lanes just prior to a collision. In this scenario the AEB system may not have sufficient time to detect the potential collision and apply the appropriate braking force.
Further, statistics collected by the NHTSA estimate that the implementation of this system would prevent 19,118 crashes, save 155 lives, and prevent 8,814 injuries annually. However, this new rule is still in the process of being finalized, and it may be a few years until we see it implemented.
Another safety measure many motor carriers are rallying behind is a brake-lamp technology which features a pulsating bulb that is intended to reduce rear-end collisions with trucks and trailers. Intellistop, Inc., is a manufacturer of this technology and has been at the forefront of an administrative battle with the FMCSA to get this feature approved for use. The system enables brake lights to flash four times in two seconds when a driver first depresses the brake pedal. Despite the potential of this technology to save lives, the system has been rejected by the FMSCA due Intellistop’s failure to demonstrate that the system would provide the minimum level of safety required by federal regulation. Despite its denial, the FMSCA acknowledges that previous research has demonstrated that rear-signaling systems may be able reduce the severity of rear-end crashes, but also states that this benefit must be balanced against the increased risk of driver distraction.
denial has many motor carriers filing for exemptions looking for long-term authority to deploy this new system. There are seven companies that have voiced their support for the approval of this system, including American Trucking Associations and other trade organizations. With the support this system is generating, and with further research and adjustments, we may soon see this technology implemented in the future.
Written by attorney Andrew W. Wick, Esq.
